On April 18, 2024 a
Complaint,Petition
was filed
involving a dispute between
American Express National Bank,
and
Does 1-10,
Hernandez, Anthony,
for Rule 3.740 Collections $10,000.01 - $35,000 Limited
in the District Court of San Bernardino County.
Preview
PLD-C-001
ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR coum’ USE ONLY
Aaron N. Baldaro, Esq./SBN 261 156 Our File No.: 6484693
AMERICAN EXPRESS LEGAL
199 S. Los Rob£es Ave., Suite 540
Pasadena, CA 91 101
TELEPHONE No: (626) 660-0002 FAX No. (Optional): (626) 298-6716
E-MAIL ADDRESS (Optional): Aaron N Baidar0@aexp.com
. .
ATTORNEY FOR (Name): American Express National Bank
SUPERIOR COURT OF CAUFORNIA, COUNTY OF SAN BERNARDINO
STREET ADDRESS: 247 W. Third Street
MAILING ADDRESSI ELECTRONICALLY FILED
CITY AND ZJP CODE; San Bernardino, CA 92415-0210 SUPERIOR COURT OF CALIFORNIA
BRANCH NAME; San Bemardino Civil Division COUNTY OF SAN BERNARDINO
SAN BERNARD'NO D'STR'CT
pLAmnFF; AMERICAN EXPRESS NATIONAL BANK
4/18/2024 10:47 AM
DEFENDANT; ANTHONY HERNANDEZ
By: Ariel Smith, DEPUTY
E DOES 1 To 1o, inclusive
CONTRACT
m COMPLAINT D AMENDED COMPLAINT (Number):
D CRoss-COMPLAINT D AMENDED CRoss-COMPLAINnNumber):
JEurisdiction (check all that apply):
CASE NUMBER.
ACTION IS A LIMITED CIVIL CASE (does not exceed $35,000)
Amount demanded D
does not exceed $1 0,000
M
exceeds $10,000
CIVSBz412783
ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000)
g ACTION IS RECLASS!FIED by this amended complaint or cross-complaint
from limited to unIimited
D from unlimited to limited
1. Plaintiff* (name or names): AMERICAN EXPRESS NATIONAL BANK alleges causes of action against defendant* (name or
names): ANTHONY HERNANDEZ and DOES to 10, inclusive 1
2. This pieading, incfuding attachments and exhibits, consists of the following number of pages: 3
3. a. Each plaintiff named above is a competent adult
E except plaintiff (name): AMERICAN EXPRESS NATIONAL BANK
(1) D a corporation qualified to do business in California
(2) D an unincorporated entity (describe):
(3) M other (specify): A national bank organized under the laws of the United States of America with its offices
iocated at 115 W. Towne Ridge Parkway, Sandy, Utah 84070
b. D Plaintiff (name):
a. U has complied with the fictitious business name laws and is doing business under the fictitious name (specify):
b. E] has complied with alt licensing requirements as a licensed (specify):
c. D Information about additional plaintiffs who are not competent adults is shown in Attachment 3c.
4. a. Each defendant named above is a natural person
D except defendant (name): U except defendant (name):
(1) D a business organization, form unknown U a business
(1) organization, form unknown
(2) D a corporation U a corporation
(2)
(3) D an unincorporated entity (describe): D an unincorporated
(3) entity (describe):
(4) E] a pubnc entity (describe): D a (4) public entity (describe).-
(5) D other (specify): D other
(5) (specify):
*
If this form is used as a cross-oomplaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2
“5323;:r3:::;2r0?2::?::;:e COMPLAINT—Contract W‘Pmmsszg-a
PLD-C—OO1 [Rev. January 1, 2024]
PLD-C-001
SHORT TITLE: American Express National Bank v. Anthony Hernandez, et al CASE NUMBER:
4. (Continued)
b. The true names of defendants sued as Does are unknown to plaintiff.
(1) M Doe defendants (specify Doe numbers): 1-5 were the agents or employees of the named
defendants and acted within the scope of that agency or employment.
(2) E Doe defendants (Specify Doe numbers): 6-1 0 are persons whose capacities are unknown to
plaintiff.
c. D Information about additional defendants who are not natural persons is contained in Attachment 4c.
d. D Defendants who are joined under Code of Civil Procedure section 382 are (names):
5. D Plaintiff is required to compiy with a ciaims statute, and
a. D has complied with applicable claims statutes, or
b. D is excused from complying because (specify):
6. D This action is subject to D Civi: Code section 1812.10 U Civil Code section 2984.4.
7. This court is the proper court because
a. D a defendant entered into the contract here.
b. D a defendant lived here when the contract was entered into.
a defendant lives here now.
the contract was to be performed here.
a defendant is a corporation or unincorporated association and its principal piace of business is here.
'D'D'uija
real property that is the subject of this action is located here.
other (specify):
8. The following causes of action are attached and the statements above apply to each (each complaint must have one or
more causes of action attached):
M Breach of Contract
U Common Counts
D Other (specify):
9. Other allegations:
10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a. M damages of: $13,980.48
b. D intereston the damages
(1) D according to proof
(2) D at the rate of (specify): percent per year from (date):
c. D attorney's fees
(1) U of: $
(2) U according to proof.
d. D other (specify):
D
w
11. The paragraphs of this pieading alleged on information and beiief are as follows (specify paragraph numbers):
Date: April 15, 2024
"
-' ~
Aaron N. Baidaro, Esq./SBN 261156 p I
.
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
*
If this form is used as a cross-oompiaint. plaintiff means cross-compiainant and defendant means cross-defendant. Page 2 of 2
Form Approved for Optional
Judicial Council of California
Use
COM PLAINT__ contract Code of Civii Procedure, § 425.12
PLD-C-001 (Rev. January 1, 2024]
Document Filed Date
April 18, 2024
Case Filing Date
April 18, 2024
Category
Rule 3.740 Collections $10,000.01 - $35,000 Limited
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Preview
PLD-C-001 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR coum’ USE ONLY Aaron N. Baldaro, Esq./SBN 261 156 Our File No.: 6484693 AMERICAN EXPRESS LEGAL 199 S. Los Rob£es Ave., Suite 540 Pasadena, CA 91 101 TELEPHONE No: (626) 660-0002 FAX No. (Optional): (626) 298-6716 E-MAIL ADDRESS (Optional): Aaron N Baidar0@aexp.com . . ATTORNEY FOR (Name): American Express National Bank SUPERIOR COURT OF CAUFORNIA, COUNTY OF SAN BERNARDINO STREET ADDRESS: 247 W. Third Street MAILING ADDRESSI ELECTRONICALLY FILED CITY AND ZJP CODE; San Bernardino, CA 92415-0210 SUPERIOR COURT OF CALIFORNIA BRANCH NAME; San Bemardino Civil Division COUNTY OF SAN BERNARDINO SAN BERNARD'NO D'STR'CT pLAmnFF; AMERICAN EXPRESS NATIONAL BANK 4/18/2024 10:47 AM DEFENDANT; ANTHONY HERNANDEZ By: Ariel Smith, DEPUTY E DOES 1 To 1o, inclusive CONTRACT m COMPLAINT D AMENDED COMPLAINT (Number): D CRoss-COMPLAINT D AMENDED CRoss-COMPLAINnNumber): JEurisdiction (check all that apply): CASE NUMBER. ACTION IS A LIMITED CIVIL CASE (does not exceed $35,000) Amount demanded D does not exceed $1 0,000 M exceeds $10,000 CIVSBz412783 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000) g ACTION IS RECLASS!FIED by this amended complaint or cross-complaint from limited to unIimited D from unlimited to limited 1. Plaintiff* (name or names): AMERICAN EXPRESS NATIONAL BANK alleges causes of action against defendant* (name or names): ANTHONY HERNANDEZ and DOES to 10, inclusive 1 2. This pieading, incfuding attachments and exhibits, consists of the following number of pages: 3 3. a. Each plaintiff named above is a competent adult E except plaintiff (name): AMERICAN EXPRESS NATIONAL BANK (1) D a corporation qualified to do business in California (2) D an unincorporated entity (describe): (3) M other (specify): A national bank organized under the laws of the United States of America with its offices iocated at 115 W. Towne Ridge Parkway, Sandy, Utah 84070 b. D Plaintiff (name): a. U has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b. E] has complied with alt licensing requirements as a licensed (specify): c. D Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural person D except defendant (name): U except defendant (name): (1) D a business organization, form unknown U a business (1) organization, form unknown (2) D a corporation U a corporation (2) (3) D an unincorporated entity (describe): D an unincorporated (3) entity (describe): (4) E] a pubnc entity (describe): D a (4) public entity (describe).- (5) D other (specify): D other (5) (specify): * If this form is used as a cross-oomplaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2 “5323;:r3:::;2r0?2::?::;:e COMPLAINT—Contract W‘Pmmsszg-a PLD-C—OO1 [Rev. January 1, 2024] PLD-C-001 SHORT TITLE: American Express National Bank v. Anthony Hernandez, et al CASE NUMBER: 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) M Doe defendants (specify Doe numbers): 1-5 were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) E Doe defendants (Specify Doe numbers): 6-1 0 are persons whose capacities are unknown to plaintiff. c. D Information about additional defendants who are not natural persons is contained in Attachment 4c. d. D Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. D Plaintiff is required to compiy with a ciaims statute, and a. D has complied with applicable claims statutes, or b. D is excused from complying because (specify): 6. D This action is subject to D Civi: Code section 1812.10 U Civil Code section 2984.4. 7. This court is the proper court because a. D a defendant entered into the contract here. b. D a defendant lived here when the contract was entered into. a defendant lives here now. the contract was to be performed here. a defendant is a corporation or unincorporated association and its principal piace of business is here. 'D'D'uija real property that is the subject of this action is located here. other (specify): 8. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): M Breach of Contract U Common Counts D Other (specify): 9. Other allegations: 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. M damages of: $13,980.48 b. D intereston the damages (1) D according to proof (2) D at the rate of (specify): percent per year from (date): c. D attorney's fees (1) U of: $ (2) U according to proof. d. D other (specify): D w 11. The paragraphs of this pieading alleged on information and beiief are as follows (specify paragraph numbers): Date: April 15, 2024 " -' ~ Aaron N. Baidaro, Esq./SBN 261156 p I . (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) * If this form is used as a cross-oompiaint. plaintiff means cross-compiainant and defendant means cross-defendant. Page 2 of 2 Form Approved for Optional Judicial Council of California Use COM PLAINT__ contract Code of Civii Procedure, § 425.12 PLD-C-001 (Rev. January 1, 2024]